Rachel Browning’s Legal Blog

            The USCIS has announced that as of April 20, 2009 it has received approximately 44,000 H-1B petitions counting toward the 65,000 cap; thus it is continuing to accept petitions subject to the general cap. In addition, the USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, it will continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. 

            This means it’s not too late to file H-1B petitions subject to either the general or advanced degree cap for those jobs that meet the definition of “specialty occupation.” 

·         Background on the H-1B Visa Category

H-1B classification applies to persons working in what is referred to as a “specialty occupation,” or that which requires the theoretical and practical application of a body of highly-specialized knowledge and the completion of a specific course of higher education (typically a bachelor’s degree or its foreign equivalent).  As stated above, current laws limit the number of foreign workers who may be issued a visa or otherwise be provided H-1B status to 65,000.  An additional 20,000 H-1B Visas are available to individuals possessing a master’s degree from an accredited university in the United States.  The Houston Immigration Lawyers of Smith & Garg have filed numerous successful applications for individuals wishing to obtain H-1B status in the U.S., including applications for extensions and job transfers. We understand the nuances and complexity involved in filing an H-1B application and can guide both employers and employees through this process.

            USCIS is publishing regular updates on the processing H-1B petitions which can be found at www.uscis.gov/h-1b_count.  Or contact the Immigration Attorneys of Smith & Garg in The Woodlands and Houston, Texas and Long Beach, California for more information.